Anularea încheierii executorului judecătoresc prin care s-au stabilit cheltuieli de executare. Noţiunea de titlu executoriu. Respingerea cererii de întoarcere a executării silite
Annulment of the bailiff's decision establishing enforcement costs. The concept of an enforceable title. Rejection of the request for suspension of enforcement

Summary/Abstract: The analysis stems from the situation in which the bailiff's decision establishing the enforcement costs was annulled, but the enforcement court rejected the request to reverse the enforcement for the amounts withheld from the debtor, on the grounds that, in the absence of the annulment of the enforcement order or of the enforcement itself, such a request is not admissible. The purpose of the analysis is to demonstrate that a request for the reversal of enforcement may and must be granted in the context of the effective recovery of the claim from the claimant's assets, even when a decision issued by the bailiff has been annulled, since this enforcement order also constitutes an enforceable title in the proceedings.

• Details
• Contents